CHAPTER 668

An Act to amend and reenact §§ 24-277.1, 24-277.2 as amended, 24-277.8
and 24-277.4 of the Code of Virginia, relating to recounts of ballots
in certain elections and referenda and procedures relevant thereto.

{[H 183]
Approved April 6, 1966

Be it enacted by the General Assembly of Virginia:

1. That §§ 24-277.1, 24-277.2 as amended, 24-277.3 and 24-277.4 of the
Code of Virginia be amended and reenacted as follows:

§ 24-277.1. When, in any primary, special or general election for
the office of representative in Congress there is, between the candidate
receiving the highest number of votes and the candidate receiving the
next highest number of votes, a difference of five hundred votes or less,
the candidate receiving the next highest number of votes may appeal
from the determination of the commissioners for a recount of the ballots
within ten days from the day the commissioners ascertain the result of
the election and have reduced the result to writing and signed the same
under § 24-272, but not thereafter. Such appeal shall be by petition
filed in the circuit or corporation court of any city or county comprising
a part of such congressional district. Such petition shall set forth the
results so found by the commissioners and shall request the court to have
the ballots in such election recounted. A copy of the petition shall be
served on the candidate receiving the highest number of votes in the
same way a notice is served under § 8-51 and within ten days after the
commissioners have determined the results of such election. Upon the
filing of any such petition the judge of the court in which the same is
filed shall notify the Chief Justice of the Supreme Court of Appeals
who shall thereupon designate two other judges to sit with the first judge
and such court shall be constituted and sit in all respects as a court
appointed and sitting under § 24-431.

The clerks of the courts in the congressional district shall deliver
to the court so constituted all poll books used and all ballots cast at the
election. The court shall recount the ballots, or supervise the recount.
If any ballots of uny precinct cannot be found, the court shall summon the
judges, clerks and commissioners of election to testify as to the truth and
correctness of the votes cast as shown in the poll books. The court shall
from such evidence determine the votes cast for each candidate in said
precinct. The court so constituted shall certify the results of the recount to
the State Board of Elections and assess costs of such proceedings in such
manner as to it shall seem proper.

The court shall stay the action of any electoral official or officials in
connection with the outcome of the election, pending the recount by the

§ 24-277.2. When, in any primary, special or general election, for
the offices of State Senate, House of Delegates, attorney for the Common-
wealth, clerk of court, city attorney, commissioner of the revenue,
treasurer, board of supervisors, city collector, city sergeant or county
sheriff there is, between the candidate apparently nominated or elected
and the candidate or candidates receiving the next higher number of votes,
a difference of not more than one per centum of the total vote cast in the
said election for the two such candidates, or, in an election for members
of a board of supervisors, there are less than five hundred votes cast in
the magisterial district and there is a difference of not more than five
votes in the total vote for the two such candidates, the candidate or can-
didates receiving the next higher number of votes may appeal from the
determination of the commissioners for a recount of the ballots; appli-
cation for a recount shall be made within ten days from the day the
commissioners ascertain the result of the election and have reduced
the result to writing and signed the same under § 24-272, but not there-
after. Such appeal shall be by petition filed in the circuit or corporation
court of any city or county comprising a part of the district from which
the said official is elected. The petition shall set forth the results so found
by the commissioners and shall request the court to have the ballots in such
election recounted. A copy of the petition shall be served on the candidate
apparently nominated or elected in the same way a notice is. served under
§ 8-51 and within ten days after the commissioners have determined the
results of such election. Upon filing of any such petition the judge of the
court in which the same is filed shall notify the Chief Justice of the
Supreme Court of Appeals who shall thereupon designate two other judges
to sit with the first judge and such court shall be constituted and sit in all
respects as a court appointed and sitting under § 24-431.

The clerks of the courts in the election district shall deliver to the
court so constituted all poll books used and all ballots cast at the election
for such candidates. The court shall recount the ballots, or supervise the
recount. If uny ballots of any precinct cannot be found, the court shall
summon the judges, clerks and commissioners of election to testify as to
the truth and correctness of the votes cast as shown in the poll books. . The
court shall from such evidence determine the votes cast for each candidate
in said precinct. The court so constituted shall certify the results of the
recount to the State Board of Elections, the electoral board or boards, and
the clerk or clerks of the court involved and assess costs of such proceeding
* against the petitioner if he shall lose the recount and if the petitioner
wins the recount, then the costs of such proceeding shall be assessed against
the county or city or counties or cities included in the area in which such
election was held.

The court shall stay the action of any electoral official or officials in
connection with the outcome of the election, pending the recount by the
cou

§ 24-277.3. After the petition is filed and the court ts convened
under §§ 24-277.1, * 24-277.2 or 24-277.4, the court shall, prior to the re-
count, call a preliminary hearing, at which all motions shall be disposed of,
and at which the rules of procedure shall, be fixed. The court shall then
permit each candidate, or petitioner and governing body under § 24-277.4
to select an equal number of the * judges of the election to physically count
the ballots, provided that the number selected shall not be less than two
nor more than three persons for each two thousand ballots cast in the
election. The court shall then set a date for the recount under §§ 24-277.1,
24-277.2 or 24-277.4 and shall summons all of the persons selected by
the candidates, or petitioner and governing body, to appear at the recount.
There shall be at least two separate teams who shall act independently
of each other and who shall proceed to recount the several precincts in
their numerical or alphabetical order as the case may be. Each team shall
be composed of an equal number of the * judges of elections selected by
each party. At the conclusion of the * recount of each precinct the
persons performing the recount shall write down the number of valid
ballots cast this number being obtained from the bullots cast in the precinct
or from the ballots cast as shown in the poll books if the ballots cannot
be found, for each candidate and submit the ballots or the poll books
used, as to the validity of which questions exist, to the court. At the
conclusion of the recount of all precincts the court shall rule on the
validity of all questioned ballots and by an appropriate order certify to the
State Board of Elections, the electorial board or boards and the clerk or
clerks of the court involved * the vote of each of the nominees and candi-
dates and declare the persons who received the higher number of votes to
be the nominee or nominees or elected official or officials.

§ 24-277.4. (a) When, in any referendum held under any provi-
sion of law * there is, between the vote for the proposition and the vote
against the proposition, a difference of not more than fifty votes or one
per centum of the total vote cast in such referendum for and against
such proposition, then upon petition filed in the circuit or corporation
court of the election district within the limits of which such referen-
dum is held, and signed by at least twenty qualified voters, appealing
from the determination of the commissioners for a recount of the
ballots, the court or judge thereof shall order a recount of the ballots cast
in such referendum. The petition for a recount shall be made within ten
days from the date the commissioners ascertain the result of the refer-
endum and have reduced the results to writing and signed the same as
provided by Jaw; such application shall not be filed thereafter. The petition
shal} set forth the results so found by the commissioners and shall request
the court to have the ballots in such referendum recounted.

(b) Upon the filing of any such petition, the judge of the court in
which the same is filed shall notify the Chief Justice of the Supreme Court
of Appeals who shall thereupon designate two other judges to sit with the
first judge and such court shall be constituted and sit in all respects as a
court appointed for sitting under § 24-431, and the provisions of Chapter
16 ‘ § 24-419 et. seq.) of Title 24 shall apply, mutatis mutandis, in any
such case.

(c) The clerk of the court in the election district in which the refer-
endum has been held shall deliver to the court so constituted all poll books
used and all ballots cast in such referendum. The court shall recount the
ballots, or supervise the recount. If any bullots of any precinct cannot be
found, the court shall summon the judges, clerks and commissioners of
election to testify as to the truth and correctness of the votes cast as
shown in the poll books. The court shall from such evidence determine the
votes cast for each candidate in said precinct. The court so constituted
shall certify the results of the recount to the proper authorities and assess
the costs of such proceeding in * the same manner as provided in § 24-
277.2.

(d) There shall be a preliminary hearing as provided in § 24-277.8.
The court * shall summons all the * selected judges pursuant to § 24-2778
to appear at the recount if the recount is not to be made by the court. There
shall be at least two separate teams who shall act independently of each
other and who shall proceed to recount the several precincts in their
numerical or alphabetical order as the case may be. Each team shall be
composed of an equal number of the chief judges of elections so selected.
At the conclusion of the recount of each precinct the persons performmng
the recount shall write down the number of valid ballots cast, this number
being obtained from the ballots cast in the precinct or from the ballots cast
as shown in the poll books if the ballots cannot be found, and submit the
count to the court. The ballots, as to the validity of which questions exist,
authorities the vote for and against such question and declare the results
of such referendum.
(e) The court shall stay the action of any electoral official or officials
ori with the outcome of the referendum, pending the recount by
e court.